Rahman v. State of U.P.

Court No. - 91

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38260 of 2020

Applicant :- Rahman Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar Mishra Counsel for Opposite Party :- G.A.

Hon'ble Gautam Chowdhary,J.

Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material brought on record.

The present bail application has been filed on behalf of the applicant Rahman with a prayer to release him on bail in Case Crime No. 245 of 2020, under Sections 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Kayamganj, District- Farrukhabad during pendency of trial.

The main submissions advanced on behalf of accused is that in the two cases which have been made the basis to impose the provisions of Gangsters Act against the accused, he has already been granted bail by the Court. Submission is that the applicant is not a gangster and has never acted or conducted himself as such. Further submission is that as the applicant has already been released on bail in all the cases on the basis of which the provisions of the Act were imposed, it shall not be much justified to continue the incarceration of the applicant. Submission is also that the applicant is not guilty of having committed any offence under the Gangster Act. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is in jail since 29.5.2020.